ASHES DEB Vs. STATE OF TRIPURA

JUDGEMENT

(1.) The instant batch of arbitration petitions are filed u/Sec. 11(6) read with Sec.12 of the Arbitration and Conciliation Act, 1996 on the self same question of law and facts and with consent of the parties are being disposed of by a present order. The facts are being noticed with consent of the parties from Arb. P. No. 06 of 2018.

(2.) The facts in brief which may a relevant for the purpose are that a contract for execution of work namely Up-gradation of Shishu Bihar H.S. School, Agartala, under ACA/Construction of School building including internal water supply and sanitary installation was executed between the parties with the work order issued to the petitioner dt. 27th July, 2009. In terms of the work order dt. 27th July, 2009 as alleged, the petitioner proceeded to perform the work in terms of the conditions of agreement and certain disputes arose under the terms and conditions of the contract and to resolve such arbitral disputes, a prayer was made to the respondent No. 4 on 21st August, 2015 for appointment of an arbitrator in terms of Clause-22 of the agreement.

(3.) It may be appropriate to quote the extract of Clause-22 settlement of disputes failing which, be settled by an arbitrator who shall conduct the proceedings in accordance with the provisions of Indian Arbitration and Conciliation Act, 1996 (Act, 1996) or any other statutory modifications thereof.